The first step of an appeal is called “reconsideration.” We call it “recon.”
Get the following form from the Social Security office or online:
SSA-561 Request for Reconsideration
If you are appealing a denial of disability, you also need:
SSA-3441 Disability Report – Appeal
SSA-827 Authorization to Disclose Information to the Social Security Administration
To get the forms online go to www.ssa.gov and enter the form numbers into the search bar. Fill them out and mail or take them to your local Social Security office.
To file a denial of disability appeal online go to www.ssa.gov.
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click on “Menu”
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under “Benefits” click on “Appeal a Decision”
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click the blue box that says “Reconsideration”
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click the next blue box that says “Request Medical Reconsideration”
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click the box that says, “Start a New Appeal”
Social Security has to get your Request for Reconsideration form within 60 days from when you got the denial notice. The 60 days start the day after you get the denial notice. Social Security assumes you got the notice 5 days after the date on the notice.
If Social Security does not get your appeal papers by that date, your papers are late. If you do not have a good reason for them being late, you have to start all over with a new disability application.
If Social Security wants to cut off your benefits, you can keep getting SSI while you appeal. But Social Security has to get the Request for Reconsideration form within 10 days after you got their notice for this to happen. You have to ask for your benefits to continue. You still have a full 60 days to appeal the decision, but your SSI stops unless Social Security gets your appeal paper within 10 days.
If you don’t appeal, you lose your right to appeal. But, if you apply again within a certain time, you can ask that the first decision be re-opened, and ask for back benefits to that date.
You can do this yourself or get a lawyer. Call your legal aid office.
